HSB 26 (LSB 1567YC (5) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act modifying the periods of time to bring criminal actions for sexual offenses against a minor, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 802.2, subsection 1, Code 2019, is amended to read as follows:
   1.  An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later may be commenced at any time after the commission of the offense.
    Sec. 2.  Section 802.2A, Code 2019, is amended to read as follows:
   802.2A  Incest —— sexual exploitation by a counselor, therapist, or school employee.
   1.  An information or indictment for incest under section 726.2 committed on or with a person who is under the age of eighteen shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age at any time after its commission. An information or indictment for any other incest shall be found within ten years after its commission.
   2.  An indictment or information for sexual exploitation by a counselor, therapist, or school employee under section 709.15 committed on or with a person who is under the age of eighteen shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age at any time after its commission. An information or indictment for any other sexual exploitation shall be found within ten years of the date the victim was last treated by the counselor or therapist, or within ten years of the date the victim was enrolled in or attended the school.
    Sec. 3.  Section 802.2B, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   An information or indictment for the following offenses committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later at any time after its commission:
    Sec. 4.  Section 802.10, subsection 3, Code 2019, is amended to read as follows:
   3.  However, notwithstanding subsection 2, an indictment or information shall be found against a person within three years from the date the person is identified by the person’s DNA profile. If the action involves sexual abuse, another sexual offense of a person eighteen years of age or older, kidnapping, or human trafficking, the indictment or information shall be found as provided in section 802.2, 802.2B, subsection 2, 802.2C, or 802.2D, if the person is identified by the person’s DNA profile.
    Sec. 5.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill modifies the periods of time to bring criminal actions for sexual offenses against a minor.
   The bill amends Code section 802.2 to provide that a criminal information or indictment for sexual abuse in the first, second, or third degree committed on or with a person under the age of 18 may be commenced at any time after the commission of the offense. Current law specifies the indictment or information for such sexual abuse offenses be found within 10 years of the sexually abused person attaining 18 years of age or within three years after being identified by DNA evidence, whichever is later.
   The bill amends Code section 802.2A(1) to provide that an information or indictment for incest under Code section 726.2 committed on or with a person who is under the age of 18 shall be found at any time after its commission. Current law specifies the indictment or information for such a sexual offense be found within 10 years after the person upon whom the offense is committed attains the age of 18. 
   The bill amends Code section 802.2A(2) to provide that an indictment or information for sexual exploitation by a counselor, therapist, or school employee under Code section 709.15 committed on or with a person who is under the age of 18 shall be found any time after its commission. Current law specifies the indictment or information for such a sexual offense be found within 10 years after the person upon whom the offense is committed attains the age of 18. 
   The bill amends Code section 802.2B to provide that an indictment or information for certain other sexual offenses shall be found at any time after the commission of such other sexual offenses, including the following: lascivious acts with a child in violation of Code section 709.8; assault with intent to commit sexual abuse in violation of Code section 709.11; indecent contact with a child in violation of Code section 709.12; lascivious conduct with a minor in violation of Code section 709.14; sexual misconduct with a juvenile in violation of Code section 709.16(2); child endangerment in violation of Code section 726.6(4, 5, or 6); and sexual exploitation of a minor in violation of Code section 728.12. Current law specifies the indictment or information for such sexual offenses shall be found within 10 years after the person upon whom the offense is committed attains the age of 18, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
   The bill amends Code section 802.10 to provide that an indictment or information shall be found against a person within three years from the date the person is identified by the person’s DNA profile. If the action involves sexual abuse of a person 18 or older, kidnapping, or human trafficking, the indictment or information shall be found if the person is identified by the person’s DNA profile.
   The bill takes effect upon enactment.